Background

• Abercrombie, serving Ohio sentences concurrent with Michigan, was returned to Ohio on detainer and paroled in Ohio; he later pled guilty in Summit County and was sentenced to five years for robbery with a repeat-violent-offender specification, with five years postrelease control; his Ohio sentences remain to run, with maximum term not yet served as of 2013; he sought habeas relief claiming Ohio lost jurisdiction due to Michigan detainer and concurrent service; Third District dismissed for lack of immediate-release entitlement; Ohio maximum term expires in 2019; Michigan detainer ongoing for parole revocation.
• Abercrombie’s prior 7-to-25 year Ohio sentences (1994) were to be served concurrently with Michigan sentence; later Michigan parole granted in 2006; he was sent back to Ohio under detainer and paroled in 2007.
• Parole revocation and continued incarceration in Ohio for original sentences while Michigan detainer exists; subsequent Summit County conviction extended term but did not alter Ohio maximum term.
• Court of Appeals denied habeas relief, holding habeas corpus unavailable until maximum sentence expired; maximum term not yet served thus no relief.
• Ohio Supreme Court affirms; habeas corpus not available until maximum sentence expires; jurisdiction remains with Ohio; conversion of motion to summary judgment deemed harmless.
• Judgment affirmed.

Issues

Key Cases Cited

• Morgan v. Ohio Adult Parole Auth., 68 Ohio St.3d 344 (Ohio 1994) (habeas relief only when maximum sentence expired)
• Hoff v. Wilson, 27 Ohio St.3d 22 (Ohio 1986) (establishes habeas availability timing)